HomeMy WebLinkAboutORANGEWOOD CHILDREN'S FOUNDATION - 2009A-2009-076
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~ AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
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CAN THIS AGREEMENT, made and entered into this 1 sc day of July 2009 by and between
1..`~ the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the
J Constitution and laws of the State of California ("CITY") and Orangewood Children's Foundation
N ~ ("CONTRACTOR").
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W-I-T-N-E-S-S-E-T-H
Recitals:
A. CITY has been designated a Local Workforce Investment Area (LWIA) under
the Workforce Investment Act of 1998, Public Law 105-220 ("the Act").
B. The State of California has created the LWIA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to
prepare economically disadvantaged youths for entry into the labor market and to provide basic skills
development to those individuals who are economically disadvantaged or otherwise face serious
barriers to succeeding in life. One goal of California's Workforce Investment System is to provide
youth with the opportunities to achieve career goals that will allow them to successfully compete in the
labor market and prepare them for higher education.
D. CONTRACTOR is experienced in operating education, occupational
development and employment programs for economically disadvantaged youths for entry into the labor
market ("said program").
E. CONTRACTOR is willing to operate said program pursuant to the Act and
California law.
WHEREFORE, for and in consideration of the respective and mutual covenants and
promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
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I.
CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide the following services pursuant to said
program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit
A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated
herein:
CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust
the level of payment to CONTRACTOR otherwise provided for hereinafter.
B. CONTRACTOR agrees to provide benefits to individuals who participate in the
activities and services funded by this Agreement ("participants") in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law 105-220.
C. CONTRACTOR agrees to perform the services set forth herein in a professional,
timely and diligent manner.
D. CONTRACTOR shall provide wages and benefits to individuals who participate
in the activities and services funded by this Agreement ("participants") in accordance with the
standards and requirements of the Act, including Section 181 of the Act.
E. CONTRACTOR shall adhere to the Labor Standards described in the Act
including Section 181 of the Act.
F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under
the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR
§667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under
the Act and the procedures for resolution of any complaints. CITY's procedures for handling
complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall
be followed and any decision of CITY, the State or the federal government relating to the complaint
shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate
a grievance system that incorporates CITY's procedures for resolution of complaints relating to the
terms and conditions of employment; these procedures shall be approved in writing by CITY.
G. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or
activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 188) and compliance with Equal. Employment Opportunity
provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the
requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of
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the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended;
the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and
with all applicable requirements imposed by or pursuant to regulations implementing those laws,
including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and
CITY have the right to seek judicial enforcement of this assurance.
H. CONTRACTOR agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
I. CONTRACTOR agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or
require regarding the performance of CONTRACTOR'S services or activities, costs or other data,
including but not limited to, participants' attendance, payroll records and job duty statements.
CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative
Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce
Investment Act Application form (WIA EWIR) and supporting documents within 45 days of
application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE)
within 30 days of determination (reviewer) date; any subsequent updates to EWIE within 10 days of the
begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form
(WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT)
within 15 days of completion/termination of active enrollment of trainee; and the Workforce
Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60,
90,180, 270, and 360 days of exit.
CITY, the State of California and the United States government and/or their
representatives shall have access for purposes of monitoring, auditing and examining of
CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR
subcontractors, bookkeepers and accountants, and employees and participants related to this
Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion.
Monitoring activities may also include, but are not limited to, questioning employees and participants
and entering any premises or onto any site in which any of the services or activities funded hereunder
are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in federal or state
law.
In the event CONTRACTOR does not make the above-referenced documents available
within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
expenses incurred by CITY in conducting any audit at the location where said records and books of
account are maintained.
All accounting records and evidence pertaining to all costs of CONTRACTOR and all
documents related to this Agreement shall be kept available at the location where CONTRACTOR
conducted the program, as well as in the County of Orange, for the duration of this Agreement and
thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints,
claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b)
costs and expenses of this Agreement to which CITY, the State of California or the United States
Government take exception, shall be retained beyond the three (3) years until resolution of disposition
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of such appeals, litigation, claims, or exceptions.
J. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States
Government or their representatives, all records requested for administrative purposes, including
audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on
CITY's Invoice/Voucher form, showing in detail the amount of money already expended by
CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be
supported by such source documentation such as cancelled checks, paid bills, payrolls, time and
attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)].
CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000
East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month
following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail
to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving
CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY
excess revenues over costs or use such excess revenues as program income by utilizing such program
income for additional training activities authorized under the Act.
L. CONTRACTOR agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
CONTRACTOR'S own expense supplies and other costs of said PROGRAM.
M. CONTRACTOR shall arrange independently for an audit that includes WIA
funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A-
133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days
after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these
requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend
additional grant funds.
N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide
services to any participant where costs of training are paid for by any other person or entity.
O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Government",
Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and
executive orders and their implementing regulations, including regulations at 29 CFR Part 97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
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grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference
incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to
performing any of its obligations under this Agreement and prior to any obligation arising on the part
of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.
Q. CONTRACTOR agrees to provide adrug-free work place and to execute a
certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference.
R. CONTRACTOR, in accordance with the Child Support Compliance Act,
recognizes and acknowledges the importance of child and family support obligations and shall fully
comply with all state and federal laws relating to child and family support enforcement, including, but
not limited to: disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and
the federal regulations, including but not limited to the regulations found at 20 CFR part 629.
T. CONTRACTOR agrees to provide priority of services for veterans and eligible
spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans
and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act
published at 73 Fed.Reg. 78132 on December 19, 2008.
II.
CITY'S OBLIGATIONS
A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds
are received under the provisions of the Act a sum not to exceed ninety six thousand, six hundred
eighty seven dollars ($96,687) for CONTRACTOR'S performance in accordance with the payment
schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid
after CITY receives invoices submitted by CONTRACTOR as provided hereinabove.
B. CITY agrees to provide for on-site monitoring reviews of said
program operation at least twice annually. In addition, monthly desk-top reviews of pertinent
information will be conducted.
C. CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
funding.
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III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on July 1, 2009 and all duties arising under this
Agreement shall have been performed by June 30, 2010 . The term of this Agreement may be extended
by a writing executed by the Deputy City Manager for Development Services and the City Attorney.
IV.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer-employee relationship, a joint venture relationship, or to allow the City
to exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees
or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard
does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any
other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer.
VI.
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRACTOR shall comply with all applicable
federal and state laws and regulations, including, but not limited to the Performance Standards
(Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC
Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and
regulations, including amendments or revisions made during the terms of this Agreement. Said
applicable laws are hereby incorporated by reference and made as part of this Agreement as though
fully set forth herein.
B. CONTRACTOR also assures and certifies that:
1. CONTRACTOR acknowledges and confirms that the U.S. Department
of Labor has established three (3) common measures for youth: (a) Placement in employment or
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education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to
the Summer Youth Program, the only measure is "Work Readiness". Pending WIA reauthorization
and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall
meet any additional performance measures that may be subsequently required by the Workforce
Investment Act or by any other Federal, State, and local law.
2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of
1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race,
color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this Agreement.
3. CONTRACTOR shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
4. CONTRACTOR shall comply with the requirements that no program
under the Act shall involve political activities.
5. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as well
as the WIB Administrative Office, access to and the right to examine all records, books, papers or
documents relating to the accounting and use of funds under this Agreement for athree-year period
from and after the effective date of this Agreement.
6. No person with responsibilities in the operation of any program under the
Act shall discriminate with respect to any program participant or any application for participation in
such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
7. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
8. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit G" and incorporated herein.
9. EQUAL OPPORTUNITY. Any literature distributed by
CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its
programs under this Agreement shall state that its programs are supported by the City of Santa Ana and
the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity
employer/program" and that "auxiliary aids and services are available upon request to individuals with
disabilities."
10. Based on the population eligible to be served, or likely to be
directly affected by the WIA program or activity, the services or information may need to be provided
in a language other than English in order to allow such population to be effectively informed about or
able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take
reasonable steps to provide services and information in appropriate languages after considering the
scope of the program or activity, and the size and concentration of the population that needs services or
information in a language other than English.
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11. CONTRACTOR certifies that all property, finished or unfinished
documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of
in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the
CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this
Agreement, will be limited to use within the activities outlined in this agreement and will remain the
property of the United States Government and/or CITY. Upon termination of this Agreement,
CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them
in accordance with the direction of the CITY.
12. CONTRACTOR certifies that this Agreement does not provide for the
advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to
support or sustain any school, college, university, hospital or other institution controlled by any
religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
Constitution of the State of California, regarding separation of church and state.
13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
CONTRACTOR will disclose to the CITY any invention, written product, computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will
transfer all pertinent information, specifications and right, title and interest to the designated agency.
14. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or
agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall
report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY
and the DOL and its representative on these matters, the DOL shall determine whether to seek
protection on the invention or discovery. The DOL and its representative shall determine how the
rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated
and administered in order to protect the public interest consistent with the "Governmental Patent
Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
1971, and Statement of Government Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright-
able material is developed in the course of or under a DOL Grant or agreement, the author and the
CITY which developed the work is free to copyright material or to permit others to do so. The
CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or
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subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases
ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29
CFR Part 97.34.
C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
first procured or delivered under this Agreement.
15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder
exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC
1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and
Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be
hereafter amended. Under these laws and regulations, the CONTRACTOR assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the
Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EPA List of
Violating Facilities;
(c) It will notify the CITY and the EPA about any known violation of the above laws
and regulations.
C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT:
1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from errors to gain personal, financial
political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
2. Employment of Former State or CITY Employes. CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two years following the termination of such employment.
3. Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of CONTRACTOR will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, CONTRACTOR.
4. Conducting Business Involvin Cg lose personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering this Agreement,
will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is
being granted to friends and associates. When it is in the public interest for CONTRACTOR to
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conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a
permanent record of the transaction will be retained.
5. Avoidance of Conflict of Economic Interest. No executive or employee of
CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or
accept money or any other consideration from a third person, for the performance of an act reimbursed
in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased
with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No
voting member of the WIB will cast a vote on the provision of services or vote on any matter which
would provide direct financial benefit to that member or any business or organization which the
member directly represents.
6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to
comply with federal requirements regarding the limitations on salary and bonus payments in
accordance with Public Law 109-149, Section 7013.
VII.
HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
employees or subcontractors.
B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits,
actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
CONTRACTOR, its employees or subcontractors.
VIII.
INSURANCE
1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
endorsed to provide to CITY and to the State of California, Employment Development Department, at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
and volunteers, and the State of California, its officers, employees, and volunteers as additional
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insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
California and CITY. Governmental entities may substitute a certificate of self-insurance.
2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with a
$1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned/leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or
agents as self-certification of automobile insurance coverage. Governmental entities may substitute a
certificate ofself-insurance.
3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
California Labor Code Section 3350, et seq.
4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or purchased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self-insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
IX.
CORPORATE STATUS
All corporate CONTRACTORS shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to
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this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. Parts 652 and 660 through 671.
2. All applicable State statutes, regulations, policies, procedures and directives;
3. All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with
such or will notify CITY after enactment or modification that it cannot so comply. CITY may
thereupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains
all the covenants and agreements between the parties with respect to such employment. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
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contingent upon State approval, and funds received or obligated from the State of California to CITY.
If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify
CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or
cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or
reimbursement of costs incurred hereunder.
XV.
TERMINATION
This Agreement may be terminated by either party at its sole discretion, upon thirty (30)
days written notice to the other party. Notice shall be deemed served on the date of mailing. However,
CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant.
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from CONTRACTOR written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars. Pending
final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH -SANCTIONS
If, through any cause, CONTRACTOR violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant
to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes
disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all
amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations,
CITY shall also have the right at its sole discretion to either: (1) discontinue program support until
such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or
prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
Page 13 of 15
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY: City of Santa Ana
Manager, WIB Administrative Office
P.O. Box 1988 (M-73)
Santa Ana, CA 92702
and,
CLERK: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. BOX 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
CONTRACTOR: Orangewood Children's Foundation
1575 E. 17`h St.
Santa Ana, CA 92705
(714) 619-0229
Telefacsimile (714) 619-0252
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
Page l4 of I S
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above-written.
ATTEST:
;: ~~ ~
~, ~ ~~~
`` J Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Lisa E. Storck
Assistant City Attorney
RECOMMEND FOR APPROVAL:
Cynthia .Nelson
Deputy City Manager for Development Services
CITY OF SANTA ANA, a municipal
corporation of the State of California
"CITY"
David N. Rea
City Manager
"CONTRACTOR"
~ '1
~` i
BY: ~~ -rte'"..~~_____,
Name: Cal Winslow
Title: CEO
Tax ID #: 95-3616628
Page 15 of 15
Exhibit A
Proposal Narrative for YSPN Membership ;
Please answer each question as concisely as possible
I. About the Program
A. Executive Summary
1. Which WIA population will the program recruit and serve?
This project is intended. to serve 18 foster/emancipated youth with an emphasis on older,
out-of-school youth; specifically, 15 older, out-of-school foster/emancipated youth and 3
older in-school foster/emancipated youth. Services for in-school youth will be offered
after regular school hours. Foster/emancipated youth ~u•e considered a population with
"special consideration" as stated in this Request for Proposal (RFP).
2. Indicate how many participants to be served.
Through support and partnership with the Santa Ana WIS/Youth Cowlcil, the
Orangewood Children's Foundation will provide 3 peer mentors who will serve 15 older,
out-of-school foster/emancipated youth and 3 older, in-school foster/emancipated youth.
3. Describe how this program fits in with programs currently being offered by your agency.
The Orangewood Children's Foundation is among the leading agencies in Orange County
serving the adolescent and young adult foster youth population. We provide a minimum
of 50 Independent Living :Program (ILP) workshops pc:r year for foster/emancipated
youth ages 16-21. Approximately 600 unduplicated youth participate in ILP each year.
Additionally, we provide approximately $730,000 to 250 youth per year for college
tuition and living expenses. Our transitional housing program provides for approximately
40 emancipated youth per year and the Orangewood Resource Center (ORC) receives
about 450 unduplicated foster youth visits per year.
We currently employ approximately 28 peer mentors who work with our foster youth
clients through the LL,P program, the ORC and other key programs. 7'he peer mentors
are currently enrolled in college level studies and are all }young adults who have
successfully emancipated from the foster care system. Consequently, peer mentors are
well known and highly regarded by our foster youth clientele. The Foster Youth Liaison
Project is a tremendous compliment to our current programs.
4. Indicate which of the 10 WIA elements the program will offer.
The goals of the Santa Ana WIB/Youth Council and Orangewood Children's Foundation
are similar as we both want our youth most in need, especially foster/emancipated youth
to succeed in their education/training and employment experiences. Our efforts are
intended to lead young people to a successful transition from adolescence to adulthood..
In that endeavor, our organization will focus on the following YSPN 111ements:
• 'T'utoring, study skills training, and instruction, leading to completion of secondary
school, including dropout prevention strategies
• Leadership development opportunities, which may include conununity service and
peer-centered activities encouraging responsibility anal other positive social behaviors
during non-school hours, as appropriate
• Supportive Services (e.g. tools, books, clothing, etc.)
• Adult Mentoring for the period of participation and a subsequent period, for a total of
not less than 12 months
OCF/Foster Youth Liaison Project
• Follow-up services for minimum of 12 months after the completion of participation as
appropriate
5. Indicate planned outcomes.
The following outcomes will be achieved. Percentages are based on the 2008/2009 State
Performance Rates:
Population Ages # to be
served Performance Measurements
Older; Out-of-School 17-21 15 Entered Employment/Education Rate 12 67%
Older, In-School 17-21 3 Diploma/Certificate Rate 9 47%
Literacy/Numeracy Gains 6 30%
6. Describe the basic program approach (workshop/classroom/in the community).
The primary goal of the Foster Youth Liaison Project is to create access to WIA services.
Over the course of the project year, we will provide comprehensive services through the
Orangewood Resource Center (ORC) to at least 100 non-WIA foster/emancipated youth.
In addition to comiecting non-WIA youth to other WIA providers throughout the City of
Santa Ana and County of Orange, the Foster Youth Liaison Project will enroll 18
foster/emancipated youth in the W [A program. Peer mentors will provide intensive case
management to foster/emancipated youth at a 6:1 participant to case manager (peer
mentor) ratio. Each of the 3 peer mentors will be available in the ORC 18 hours per
week. Depending on each participant's My Action Plan (MPA), they may utilize our
other services as needed including our independent living skills workshops, commmunity
service activities, leadership opportlu~ities, tutoring, etc.
7. Describe how you will conduct outreach and recruitment. Include how 75% of the
enrollment goals will be met by the second quarter of the contract.
Our peer mentors will. aggressively advertise and recruit for this opportunity in the first
few months oi'the program year to enroll 18 total participants with at least 13 enrolled. by
the second quarter of the contract. Outreach will include mailings to known
foster/emancipated youth residing in Santa Ana. We will also distribute marketing
materials at ILP workshops, the ORC, Orange County Social Services and YSPN sites.
Additionally we will publish marketing information in the monthly ILP E-Newsletter and
in Team Talk (quarterly foster parent publication).
8. Describe collaborations/partnerships that will assist in recruitment.
Foster Youth Liaison Project (FYLP) staff assigned to this project will participate in
Santa Ana Youth Council activities which include: Youth Council meetings, YSPN
meetings, etc. 'They will utilize these interactions to inform potential participants and
partner agencies about FYLP and distribute marketing materials. Furthermore, the
Orangewood Children's Foundation will utilize its current partnerships with community
and faith based, educational, govermnental, judicial, and social services agencies to
achieve the goal of serving foster youth in this project. For example, we will utilize our
:relationship with the County of Orange to advertise this project in Team Talk, which is a
quarterly publication to foster parents.
OCF/Foster Youth Liaison Project 2
B. Main Purpose of Program
1. Indicate what will the program accomplish and how it fits in with WIA goals.
The Foster Youth Liaison Project will increase employment/education rates,
diplozna/certificate rates, literacy/muneracy rates, offer long-teen support to help foster
youth with academics and occupational development and encourage further education
and training. We will serve 18 foster/emancipated youth and accomplish the following
objectives based on the 2008/2009 State Performance Rates:
Participants
• Literacy/Numeraey Skill Attainment (6 participants will become proficient in basic
skills j
• Attainment of Diploma or Certificate (9 participants will attain a diploma or
certificate by the end of the third quarter after program exit)
• Entered :Employment/Education hate (.12 participants will secure a job or
participate in post-secondary education and/or advanced training/occupational skills
training in the first quarter after program exit)
2. What is the length of the program, i.e., how much time will a youth need to be in this
program to get the full benefits of each component offered?
The length of the program is one year with one year of follow up services after program
exit. Although program participants can participate in the program for up to one year,
same participants may not need a full year to accomplish set goals. However, it is our
experience that participants enjoy and benefit from the services offered. in this program
and most will participate for the complete year. The time needed to complete each
component of the program is dependent on the abilities and motivation of each
participant.
3. How often will the WIA participant need to attend the program and how often are
specific activities offered (daily/weekly/monthly)?
Activities and services are dependent on participant needs and interests and are not time
based. For example, if a participant needs to find a job, the peer mentor may spend time
with them on pre-einployinent activities. Peer mentors will be available to meet the
needs of the participants.
4. What is the frequency of staff interaction with WIA participant? Will other non-WIA
agency staff be providing elements of the program? If so, please describe.
Peer mentors will. meet with participants on a regular basis, but the frequency and
duration of meetings will be individually determined to meet the needs of each
participant. Each peer mentor is available in the Orangewood Resource Center 18 hours
per week and available for appointments as needed.
In general, the peer mentors will be the primary staff providing services to program
participants. Participants may utilize other internal services such as attending
Independent Living Program (ILP) workshops that may impact their progress in the
Foster Youth Liaison Project. All contract responsibilities will be fulfilled by the staff
positions Tamed in this proposal. Management support will be provided when needed.
OCF/Foster Youth Liaison Project 3
5. What services will be offered after youth exits the program and how will program keep in
touch with youth who have exited?
Peer mentors will remain in contact with rYLP participants for one year after program
exit to fulfill remaining program. goals, distribute incentives to participants who meet
program objectives, provide supportive services, and provide any other general support.
Peer mentors will be available in the ORC to provide assistance to participants by
appointment or when they visit the URC. In our experience, exited youth keep in touch
with our staff frequently, but in the case it is difficult to find a client, we will call them
directly or contact known family members and friends. We .may also send letters to their
last known address andJor email them. We will continue our attempts until we are in
contact with clients.
C. Goals /Objectives and Performance Levels
1. How will services to be provided aid in meeting the WIA performance goals?
Peer mentors will maintain case tiles and work with program participants to increase
placement in employment or education, attain a degree or certificate, become basic skills
proficient, offer long-term support to help participants with academics and occupational
development and encourage fLtrther education and. training. They will also provide
tutoring, leadership opportunities, supportive services and mentoring and seek feedback
from. participants about h.ow we may improve program services. rYI.,P staff will
participate in. YSPN meetings, Youth Council meetings, etc. OCF will provide a yotrth
friendly environment. The availability of 3 part-time (each available 18 ho~>rs per week
in the ORC) peer mentors as case managers at a 6:1 ratio, utilization of the Orangewood
Resource Center (ORC), access to internal. services and resources and community
partnerships are all .key elements in meeting the WIA performance goals.
2. Describe how you will monitor program activity and manage for performance.
Peer mentors will meet regularly with. each participant and assess progress on program
goals. They will also record program activity and participant performance in client case
files and in files/documents located in our secured computer system. Peer mentors will
provide services based on individual needs. The Foster Youth Liaison Project Supervisor
will meet with peer mentors on a regular basis to discuss participant progress, review
case files and ensure contract compliance. Also, WIA staff may perform program audits
by interviewing peer mentors and reviewing case files and may suggest changes to better
meet participant progress and contract obligations.
3. Describe how program will deliver academic assistance to raise the skill level of youth
who are basic skill deficient.
Peer mentors will deliver academic assistance using one or all of the following options:
• Peer mentors may provide hrtoring to participants.
a. They may utilize a homework binder provided by WIA containing written
resources and assignments for math and reading
• Peer mentors may refer participants to outside tutoring resources when needed
• Peer mentors may work with participants utilizing web-based tutoring programs
4. Will the participant receive a certificate of completion or accomplishment for
participation? Will the certificate count for WIA credential attainment rate?
A certificate of completion will be provided for general participation in the roster Youth
Liaison Project (FYLP), but will not count for W.IA credential attainment. The FYLP
OCF/Foster Youth Liaison Project 4
certificate of completions will simply serve as a form of recognition for program
completion. However, some participants may receive certificates of completion for other
program participation (dependent on individual's needs and goals). Some certificates of
completion may include a diploma, GED, higher education degree or certificate or a
completion certificate from ROP. These would cotult for WIA credential attainment,
while other certificates may not count for WIA credential attaiiunent.
5. How will continuous improvement be measured and conducted?
For participants who are determined to be Basic Skills Deficient, we will gage
improvement with the utilization of the Test of Adult Basic Education (TABE). The
TABS will be used as a pre and post test assessment to show literacy/numeracy gains.
"I~he peer. mentors will also gauge improvement by partici.pant's competency during the
tutoring process. Furthermore, peer mentors will continually assess participant's progress
and success with individual and program goals. OCF will seek participant feedback to
assess program strengths and areas for improvement. Finally, SAWC staff may review
case notes, service provision, and data recording periodically throughout the program
year and may provide constructive feedback. Adjustments will be made accordingly.
6. Describe how adequate staffing will be maintained to ensure success of this program.
The Foster Youth :hiaison Project wall staff 3 part-time peer mentors. The peer mentors
will be currently enrolled in college level studies with. a focus on human services and/or
related fields. The peer mentors are also young adults who have emancipated from the
foster care system and have successfully provided mentoring services through other
Orangewood Children's Foundation programs. Th.e use of part-time staff is critical to
this project. The Foster Youth Liaison Project will provide a 6:1 participant to case
manager (peer mentor) ratio as well as provide the peer mentors with valuable work
experience and training. The peer mentors will be available in the ORC 1 S hours per
week. Regular amiounced schedules will make it easy for participants to know when
they can. visit with their assigned peer mentor in the ORC. Peer mentors will also be
available for appointments. In the event a peer mentor resigns their position prior to the
program year end, we will hire another qualified peer mentor from our group of 20-3U
peer mentors and work bald to ensure a smooth transition. Additionally, the F.,ducation
and Career Specialist is available as a supervisor for the Foster Youth Liaison Project
peer mentors and acts as a strong resource for the peer mentors and youth when needed.
D. Program Description
1. Describe the overall services that will be made available to the WIA participant.
The Foster Youth Liaison Project will provide comprehensive services onsite at the
Orangewood Resource Center. All foster/emancipated youth will receive services such
as Internet access to employment and training information, job leads, anal information on
supportive services anch~ other WIA funded programs. 3 peer mentors will be dedicated to
this project. The primary focus of the peer mentor is to provide support to the
Orangewood Children's Foundation staff as they work with youth requesting
employment related infoi7nation at the resource center. 'The peer mentors will identify
WIA eligible youth that request a11d require additional intensive case ma~lagement
services. The ratio of participant to peer mentor is 6:1. With a focus on intensive case
managernent for a population of youth that have multiple barriers, a total of 3 peer
mentors will be hired for this project. 'I'h.e peer mentors will assess and develop a My
Action Plan (MAP) for each enrolled participant. The Foster Youth Liaison Project wilh
provide pre-employment services and supportive services. For those youth who are
OCF/Foster Youth Liaison Project 5
assessed to be basic skills deficient, ~i individualized tutoring, program. will be
developed.. Participants may receive tutoring services through their assigned peer mentor
or through another community based or educational entity. Peer mentors may use web-
based tutoring programs as well.
2. Describe how the participant flow will occur. Please see the table below.
Include the following categories:
• Outreach /Recruitment /Eligibility Determination (Note: program operator is
responsible for gathering the documents required by the Service Navigator to
determine eligibility)
• Intake /Assessment
• Case Management
• Program Services (including tutoring services)
• Placement in Jobs or Continuing Education
• Follow-up and Retention (Describe how you will continue to support youth
during the follow up period. Discuss types of sources of support, services and
frequency of contact with youth).
Services Location Delivery Method Responsible
And Timeline Partner
Outreach & • Orangewood Resource • Presentations & Mailings • Peer Mentors
Recruitment Center (ORCj • Distribution of marketing material • Orangewood
• YSPN sites • One on one orientations at ORC Staff
• Social Service sites Timeline: Ongoing, aggressive from • YSPN Providers
7/ 1 /09 - 12/31 /09
Universal Access Orangewood. Kesource • Internet Base Service Information Peer Mentors
Center • .}ob Resources
• Independent hiving Program
Workshops
Timeline: 7/]/09 - 6/30/].0
Eligibility Orangewood Resource . Individual orierrtation of program Peer Mentors with
Determtnation and Center services and requirements the assistance of One-
F..,nrollment • Collection of all. eligibility Stop
documentation
• Continued development of MAP
Timeline: 7/30/09 - 12/3 ] /09
Intake/Assessment Orangewood Resource • Basic assessment of service need Peer Mentors
Center • TABE testing
• Development of .MAP
Timeline: 7/30/09 - 12/31/09
Supportive Orangewood Resource • Need detet~nined during MAP Peer Mentors
Services Center • Child Care, Bus Pass, School
Books, Gas Cards, and other
services determined by client's
status and activity
Timeline: 7/1/09 - 6/3U/10
Job Placement or . Orangewood Receive instruction and coaching in • Peer Mentors
Continuing Resource presentation of materials including, but • ED.D
Education (Job Center not limited to: . Orangewood
Search, Career • 1LP Workshops • How to write a resume, how to volunteers
OCF/Foster Youth Liaison Project
Preparation, Life interview for a job, fill. out job ,
Skills Workshops applications, search for a job and
how to dress for success
• Educational opportunities available
through the One-stop and higher
education
• Career options related to the career
of their interest
• How to manage money by opening
a bank account and the dangers of
mismanaging credit
Timeline: 7/1/09 - 6/30/l0
Literacy/Numeracy • Orangewood • Individualized Tutoring • Peer .Mentors
Uains Resource • Computerized Tutoring • Community
Center • Mentoring Based or
• YSPN sites Timeline: 7/1/09 - 6/30/10 Educa Tonal
.Entity
Case Management • Orangewood Resource • Face-to-face, one-on-one intensive Peer Mentors
Center case management
• Employer site • Supportive Services provided
• Training site Timeline: 7/1/09 - 6/30/10
Parent & Employer . Orangewood Resource • Facilitate inclusive sessions with Peer Mentors
Invoh~ement Center parents and/or employers as
• Employer Site necessary to achieve goals
Timeline: 7/1/09 - 6/30/10
Program Exit Orangewood. Resource . Prior to exiting, participants will be Peer Mentors
Center reviewed for their Post Assessment
results. Participants who have
chosen to exit the program prior to
completion may not be available for
assessment
• Follow up services will be
established
Timeline: 1.0131/09 - 6/30/10
Follow-up & • Orangewood Resource • Follow-up services may include one Peer Mentors
Retention Service Center or more of the following:
• Employer site • Worksite visit, phone conversations,
• Training site employer contact and/or any other
form of contacting the participant to
determine current status and needs
• Supportive Services may be
provided
• Continuous case management
support will be provided (frequency
is dependent on the need of the
client)
Timeline: 1.2 months after exit
3. Describe how training and employment services lead to occupations in high growth high
demand industries.
I`YLP will not offer a job training component. However, FYLP staff will offer job,
career, and educational resources that will lead our clients toward occupations in high
OCF/Foster Youth Liaison Project 'J
grown/high demand industries, which may include STEM (science, technology,
engineering, mathematics) and green-collar careers (i.e. environmental engineer, solar
panel installer, science teacher, envirommental attorney, pollution control engineer, green
construction worker, etc.). Our staff will of..fer these opportunities to clients during the
goal planning process. For example, if a client is interested in the medical industry,
which is a high growth/high demand industry, we may refer them to American Career
College (ACC). ACC offers educational programs for those interested in the healthcare
field. ACC also works in partnership with. the Orangewood Children's Foundation as a
Guardian Scholar school., which provides scholarships aid on-campus support to foster
youth. OCF's partnerships with oilier agencies, educational institutions, employers,
internal programs, other Santa Ana WIB Youth Operators, and our youth are important
for participant success and we will leverage those resources to fulfill this objective.
4. Describe how training and services result in career paths that lead youth towards self-
sufficiency. Please provide Labor Market information if training is provided.
'I`he mission of the Orangewood Children's Foundation is to successfully transition foster
youth into independent adults, which is the reason why we highly value our partnership
with the Santa Ana WIB/Youth Council. FYLP staff will utilize resources such as the
California Employment Development Department (EDD) website to help clients find
career paths that lead to self-suftici.ency. The EDI:~ website is an exce lent source for
local Labor Market information and specifies occupation wages, demand, associated
industries, training programs, duties and responsibilities, necessary skills, etc. Through
the services in this proposal, our community partners like Job Corps, other Santa Ana
WIB Youth Operators, Santa Ana W/O/R/IC Center, and resources such as the F,DD, we
will. offer career paths and support that will lead clients toward. self=sufficiency.
E. Facilities
1. State location where program services will be delivered.
The Orangewood Children's Foundation (OCF) is located in Santa Ana at 1575 E. 1.7`h
Street. This location is easily accessible by bus as there are bus stops (eastbound and
westbound) directly in fiont of the facility. Additionally, our facility is centrally located
between. 22, 55 and 5 freeways. OCF is well known to our adolescent and young adult
population ages 16 - 21 as we conduct approximately 50 ILP workshops at this location
per year. We also have approximately 400-500 unduplicated visits to the ORC per year.
2. How will participant access site if not within City of Santa Ana boundaries?
Om• facility is located in Santa Ana, though sometimes our clients may not be able to get
to us. FortLmately, our Foster Youth Liaison Project peer mentors are accessible by
telephone, email and they may meet a client in the community field when necessary.
3. List hours of operation?
The Orangewood Children's Foundation hours of operation are Monday through Friday
from 8:30 a.m. - 5:00 p.m. The Orangewood Resource Center (ORC) is open Monday
through 'l'hursday 9:OU a.m. - 5:00 p.m. and Friday from 9:00 a.m. - 1:30 p.m. Clients
who make an appointment with ORC staff or peer mentors may meet with them or utilize
the ORG after hours.
4. Is the facility compliant with the Americans with Disability Act (ADA)? Base your
answer on completion of ADA/EEO Survey (see attachment F). Describe corrective
action plan if necessary.
OCF/Foster Youth Liaison Project g
Yes, the Orangewood Children's Foundation facility is compliant with the Americans
with Disability Act (ADA). We have also assessed our facilities using the WIA
Nondiscrimination & Equal Opportunity Self-Evahtation Guide.
5. Discuss how Internet access will be available to program staff. List computer
programs/applications used by agency staff.
Every member of our program staff including ot~r peer mentors involved in the Foster
Youth Liaison Project have a workstation with access to telephone, computer with
internet connection and Microsoft Office software including Excel, Power Point, Word,
Outlook, Publisher and Access. Furthermore, there are three computers with Microsoft
Office software and Internet access located in the Orangewood Resource Center for otir
foster youth. clientele.
6. Describe what makes your facility youth friendly and suitable for the proposed
activities/services.
" 'he Orangewood C;hildren's Foundation (OCF) provides awalk-in, youth friendly
environment to allow youth access to a range of supportive services. Our facility is easily
accessible by bus as the eastbound and westbound bus stops are located. directly in front
of our buildings. OCF serves hundreds of foster youth each year, many of whom visit
our Orangewood Resource Center (ORC). 'hhe ORC is the location within our facility
where FYLP clients ai•e served. The ORC is staffed with peer mentors who are yoting
adults who have successfully aged-ou of the foster care system. The peer mentors easily
establish credibility and rapport with our clientele because they share a similar
background with them. "1 he walls are colorfully painted to create a warm and non-sterile
environment. The services offered to young people who visit the ORC include food and
a kitchen, lounge and television area, seating area for completing homework or
paperwork, computers and Internet access, washer and dryer, resources, and a warm,
knowaedgeable, caring staff. Many of the 460 youth who visited the URC last year
rehuned multiple times as we received 3,700 duplicated visits.
II. About Your Organization
A. Description of the Proposer
1. Discuss the current number of full time and part time personnel employed, average
annual operating budget and sources of revenue.
The Orangewood Children's Foundation (OCF) has a current annual opera ing budget of
over eight million dollars. OCF receives funding from multiple fiuiding sources
including government grants, private and corporate donors, joint business ventures, event
fundraisers, etc. We currently employ 51 full-time employees and 32 part-time
employees including 28 part-time peer mentors.
2. How long has your organization been serving Santa Ana youth?
Orangewood Children's Foundation is a private, 501(c)3 nonprofit organization
established in 1981 to raise money to build a replacement emergency shelter for Orange
County's abused, neglected and abandoned children. The result was the Orangewood
Children.'s :Koine, which was dedicated in 19$5. After completing an expansion to th.e
Home in 1992, the Foundation turned its attention to serving the on-going needs of these
children and. their families. OCF prograns assist foster children and former foster
OCF/Foster Youth Liaison Project
children leaving the dependency system, strenl~then at-risk familiesn and are designed to
prevent and. break the generational cycle of abuse. Although our services are not
exclusive to foster youth residing in Santa Ana, many of our clients reside in Santa Ana.
According to the Orange County Social Services Agency, there are 100-150
foster/emancipated youth between the ages of 1 C & 21 residing in Santa Ana.. These
numbers do not include homeless emancipated youth and foster youth that have been
retunled to their biological parents but remain under the Juvenile Court supervision.
3. What kind of impact has your services made to the youth in the community?
Our Fiscal Year 2007/2008 Outcomes will illustrate the impact of our client services
in a one year period:
Scholarships & Financial Assistance
Our Children's Trust Fund provides financial, educational and. emergency assistance to
current and former foster yotrtll, with an emphasis on those who are pursuing higher
education after emancipation (:release from the dependency system at age l 8).
• Almost $732,000 was provided in scholarships to 258 young adults .for college or
trade school. These students attended 58 schools in 8 states throughout the U.S.
• 1-Iad 42 scholarship students successfully graduate from higher education programs.
• Awarded another 5203,000 in other grants to 623 children and. young adults seeking
assistance :including funding for summer camps, school sports and other
extracurricular activities.
Guardian Scholars Program
Guardian Scholars is a nationally recognized program that partners with. local. educational.
institutions to provide comprehensive on-campus support and resources to former foster
youth in their efforts to gain a university, community college or trade school education.
Supported 160 Guardian Scholars students.
• Had 33 students successfully graduate during the year, bringing the total number of
Guardian Scholars graduates to 137.
• Partner schools in the greater Orange County area now total 17 and include CSUF,
IJCI, Orange Coast College, Hope .International Univ., Chapman Univ., American
Career College, Fullerton Community College, Concordia Univ., Taller San Jose,
USC, UCLA, Santa Ana College, Loyola Matymount Utuv., Cypress College, CSU
San Marcos, San. Diego State Univ. and Santiago Canyon College.
Rising Tide Communities/H.ousin~
Rising Tide offers motivated, former foster youth affordable, quality housing and a
supportive, goal-directed community for successful transi.ti.on into adulthood.
• Provided transitional housing throughout the year to a total of 44 .former foster youth
at Rising Tide's two apartment complexes. Length of stay averaged 286 days.
• Among the youth residents, 34 were enrolled in higher education, 3 graduated from
community college and transferred to Cal State Fullerton as Guardian Scholars
students, and 5 were Orangewood Peer Mentors.
• With the program's focus on financial responsibility and financial literacy, 28 youth
increased. their savings, 3 others made progress in reducing their debt and 71% of~
rent payments were on time.
OCF/Foster Youth Liaison Project 10
Orangewood Resource Center (ORC)
The ORC is a drop in center providing guidance, assistance and access to resources
needed to become independent, particularly in the areas of education.,employment, career
counseling, housing and healthcare.
• Served more than 460 youth seeking assistance in a total of over 3,700 visits.
Peer Mentor Program
Provides an opportunity for former foster youth to mentor teens currently placed at
Orangewood Children's Home, youth in foster care and those accessing services at the
ORC.
Held 16 sessions at the Home reaching approximately 400 teens, and facilitated
small-group sessions at 135 1LP workshops for over 590 teens.
Developed leadership skilas for 33 Peer Mentors through training sessions and an off-
site retreat.
Independent Living Program
Provides workshops, special events, and support services to foster youth, ages 16 to 21, to
help them prepare for emancipation.
Held 135 ILP workshops and 4 special events.
• Over 12,300 hours of instruction. were provided to over 590 teems.
Independent Living Coaches
Provides one-on-one guidance to foster youth. needing extra support pre- and post-
e~nanci.pation, beginning at age 16 and up to age 21.
• Provided. almost 4,000 hours of assistance to a total caseload of 244 youth.
Mentor Program
Our Mentor Program was developed to provide one-on-one adult interaction for the
increasing number of foster care youth in Orangewood programs. Mentors support and
encourage youth of all ages, from l~indergarten through college and beyond, and as they
transition out of the foster care system into a life on their own.
• Have 140 mentors.
• l Icld 28 training sessions.
M-Power (ages 5-14)
"hhis program. was created in March 2007, to introduce foster children to experiences with
a healthy adult, allowing the child to begin seeing life's possibilities at an earlier age.
• Doubled the sized of the program by matching an additional 23 children with
mentors, increasing the total to 43 children.
• 1-told 4 social. activities/events for youth and mentors.
• Provided tutoring for 4 youth.
Brides to Higher Education (high school students)
This program. was created to increase awareness of higher educational opportunities for
foster youth. High school age foster youth are matched with educational mentors and.
participate in a variety of activities to stimulate interest in higher education and to
increase graduation rates from high school.
• Matched 24 youth with mentors, increasing the total to 45 youth.
OCF/Foster Youth Liaison Project 11
• .Helped 8 foster youth enrolled in tlae program graduate from high school
• Held 5 workshops and 5 additional social activities/events
• Provided in-home tutoring for 7 youth
Transitions (ayes 1.6-25)
This program was created to provide youth, many already receiving some foi7n of
Orangewood services, with a mentor on an elective basis who will provide extra support
and advice about daily living, educational opportunities and career planning.
• Matched an additiona122 youth with mentors bringing the total to 45 youth.
• Held 4 social activities/events for mentees and mentors.
California Youth Connection
A statewide organization led by current and former foster youth between the ages of 14-
24 who participate in policy development and legislative change to improve the foster
care system. Orangewood funds Orange County's CYC chapter.
• "I'he chapter's 20 members held 12 Local meetings and attended 2 statewide events.
Time Out for Parents
Coordinates short term., temporary care for children in foster care so that their foster
parents caYn take a break and recharge the energy necessary to care for them.
• Received almost 1,700 requests for respite care, matching 90%> with respite
providers.
• Coordinated almost 60,000 hours of care for 328 children.
Orangewood Children's Home
'T'h.e Fow~datio:n. provides financial support, activities and mentoring for abused and
.neglected children placed at Orange County's emergency shelter.
• Provided $145,000 toward the construction of a nursery and the renovation of two
cottages and over $86,000 in other support and supplies.
• Held 24 special events and activities for the children through the PALS auxiliary.
Community Programs
An array of services, offered in partnership with Orange County Social Services Agency,
the Children & Families Commission of Orange County, foundations, hospitals & other
community-based orgaiuzations, for at-risk families and their children to prevent abuse
before it starts.
• Provided support services to more than 9,100 children aiid their families at 14 Family
Resource Centers through Families and Communities Together {FaCT) funding.
• :Provided n-ore than 3,800 young children with health. assessments and links to health
insurance, immunizations and primary care medical providers, through the
ProjectComiections.FRC Health Access program.
• Provided over 460 clients with 46 quality trainings anal over 370 hours of individual
and agency client assessment and. support through CONNECT, focusing on
strengthening organizational practices and individual leadership skills.
OCF/Foster Youth Liaison Project 12
B. Experience
1. Briefly outline all youth programs that your agency has operated during the last 2 years.
Include discussion of past performance as related to WIA performance goals.
Organizations with no experience in providing WIA services should explain unique
advantages or value associated with their proposal.
• Children's Trust Fund: Provides financial assistance for higher education and
special needs such as summer camp, sports programs and counseling.
• Guardian Scholars: In collaboration with local educational. institutions, this
program provides scholarships and on-campus support including academic
advisement, housing, job assistance, tutoring, financial aid, and mentoring to help
former foster youth navigate the personal and academic challenges of university,
community college, or trade school.
• :Rising Tide Communities: 'I'bis collaborative transitional. housing program. offers
subsidized apartment living personal. development activities, a mentor, job placement
and school assistance to prepare foster youth for a successfiil transition towards
independence.
• Peer Mentor Program: Young adults, once part of the dependency system and now
working or enrolled in college, work to help teens in the foster care system find their
way to success.
• Youth Advocate Program: :Peer mentors provide support to foster youth at
Emancipation. Planning Conferences and Team. Decision Malting meetings to ensure
the yolrth's voice is heard and their interests are considered in decision that will affect
their life. Youth advocates also participate in com2niuiity meetings and trainings
representing the foster youth perspective.
• Foster Youth Liaison Project: Peer mentors provide one-on-one case management
to faster youth to assist them with occupational development and preparation for the
labor force. The Foster Youth Liaison Project (FYLP) has effectively serviced. 12
foster/emancipated. youth in PY 06/07, 19 foster/emancipated you h in PY 07/08, and
we are currently serving 15 foster/emancipated youth in PY 08/09. FYLP has proven
to be an effective program, helping clients attain and retain employment, develop
employment skills, earn a diplomalcertif Cate, enroll in school, and improve
literacy/numeracy rates. For example, of the 15 clients we are serving in PY 08/09,
our goals are to have at least 10 0l' them enter employment or education, at least 7
complete a diploma or certificate and at least _5 improve literacy/numeracy rates. Up
to this point, we have helped 5 clients attain employment, 8 clients enroll in school, 6
are working toward a diploma and 13 are basic skills deficient anal working toward
literacyhlumeracy improvement.
• Independent Living Program: Education, career, relationship, and daily living
skills preparation for the time when they will be released from the dependency
system.
• Independent Living Coaches: One-on-one guidance and support to help foster
youth make a successful transition to independent living.
• Orangewood Resource Center: Drop-in center for current and former Orange
County foster youth offering services they need to become independent adults,
including educational activities and resources for jobs, college, housing, health, etc.
• Transitional Housing Referral Clearinghouse: As Orange County's referral
resource center, we support current and developing transitional housing programs for
former loster youth.
OCF/Foster Youth Liaison Project 13
• Bridges to Higher Education: To increase high school graduation rates and
admission to college or trade schools, .foster youth with academic potential for col ege
success receive intensive preparation for the demands and opportunities of higher
education.
• California. Youth Connection: A leadership group made up of curl•ent and
emancipated foster youth-acting as Orange County's representative to this statewide
organization-who participate in policy development and legislative change in the
area of foster care.
• Time Out for Parents: Short-term. care for abused, neglected and at-risk children
that allows parents and foster parents to take a break and recharge the energy
necessary to care for them.
• Families and Communities Together (FaCT): A public, private partnership
supporting Family Resource Centers (FRCs) and non-profit organizations with
program development and administration, training, advocacy, and other support that
enh~lzZCes service delivery. FRCs are located in communities throughout Orange
County and provide an array of comprehensive human services for at-risk families
and children. Services are designed to prevent child abuse and neglect by
strengthening each. family's capacity to become self.-sufficient.
• Children's Health Initiatives: Comprised of ProjectConnections.FRC Health
Access a11d Bridges for Newborns, and made possible through the support of the
Children and Families Commission of Orange County. PCFRC F[ealth Access is a
health education. and in-home support services program for pregnant women and
families with children ages 0-5, delivered through Orange County Family Resource
Centers. Bridges for Newborns works with community-based organizations and
Orange County birthing hospitals to provide :health access support and in-home
services for families with infants who are in need of extra. support for up to two years
to ensure a strong start in life.
• CONNECT: Provides Orange County nonprofit organizations with resources and
skills to strategically build their capacity for long-term sustainability a11d growth.
2. What kind of experience do you have in incorporating parents, youth and employers into
your programs?
Due to the nature of the population we serve, we generally do not have access to our
client's parents. Foster youth are removed from their parents or custodians due to abuse
or neglect and are under the supervision and care of the Orange County Social Services
Agency. Many of the clients we serve reside in group homes, foster homes or with
relatives.
Orangewood Children's Foundation (OCF) is diligent about engaging potential
employers, our clients and their caregivers, which may inc ude biological parents. We
include them on our ILP newsletter mailing lists, publish program selvices in the Team
'l alk quarterly publication .f..rom the County of Orange to foster parents and in.vitc
caregivers to participate with our youth at ILP workshops and special events. OCF also
provides independent living skills assignments on our website, which are available to
clients and caregivers. Caregivers are encouraged to work with youth on these
assignments and some assignments require interaction with employers or potential
employers.
Some examples of our experience engaging youth, parents and employers are as follows:
OCF/Foster Youth Liaison Project 14
Through the OCF Community Programs last year we served approximately 9,100
duplicated children and their families at 14 Family Resource Centers in Orange County
per year. The Time Out for Parents program provided respite care or short-term care
for approximately 328 children to give foster parents or biological parents a break to
prevent the foster parent from burning out or the biological parent from. potentially being
separated from their children. due to abuse or neglect. T'he Independent Living Coaches
(ILC) provided case management to approximately 244 last year. In their interactions
with their clients they often engaged foster parents, social workers, relative caregivers,
biological parents, group home staff and employers for client success. ILCs also engaged.
youth after hours and on weekends. Potential employers are often integrated through the
Independent :Living :Program (ILP) as we invited them. to present at workshops
(workshops take place during the evenings and on weekends to make it easier for client
participation), participate at Independent City, and post job opportunities in the
Orangewood Resource Center (ORC).
OCF staff also participated in many community meetings such as the monthly Orange
County Mentoring Partnership meetings, DOVIA Volunteer Management Organization
meetings, Children's Services Coordination Committee (CSCC), CSCC F,mancipation
Subcommittee, Foster Youth Services Task Force, Volunteer Coordinator Rotuidtable,
Vital Link meetings, social worker and foster parent trainings, Family to Family
meetings, Educational Summit, TAY Conference, Statewide ILP Breakthrough Series
Collaborative, etc.
When needed, the Foster Youth Liaison Project peer mentors will engage parents (if
available), foster parents, relative caregivers, group home staff, social workers and
employers to help the participants. Peer mentors will also engage and empower the
participants by meeting with them regularly, assessing needs and helping them focus on
individual tasks for program success.
3. Describe how staff will receive training and ongoing staff development to increase staff
capacity and expertise in the field of youth development and employment.
In partnership with. the Santa Ana WIB, OCF provided services to l2 foster youth. in
Program Year 2006/2007, 19 foster youth dtu ing Program Year 2007/2008, and 15 foster
youth during Program Year 2008/2009 (still in progress) through The Foster Youth
Liaison Project. The peer mentors involved with this program receive valuable training
on participant enrollment and exit procedures, client assessment, `I'ABE testing, case
recording, case management strategies and community resources including services at the
Santa Ana WORK Center. The peer mentors also participate in six trainings and one
weekend retreat per year which focus on topics such as:
• Program. Values • Public Speaking
• Effective Listening c4c • Resources for Youth
Communication Skills • Assertiveness
• Boundaries • Working with Adolescents
• Problem Solving & Conflict • I.,eadership
Resolution Counter-Transference
• Dealing with Emotions • Identifying & Dealing with
• Group Facilitation Feelings
• Team Building • Empathy
OCF/Foster Youth Liaison Project 15
• 8 Commandments of Peer
Mentoring
• Social & Business Etiquette
• Understanding Child Abuse
& Neglect
• Scenarios & .Role Play
3 FYLP peer mentors who participated in the 2008/2009 program year will return for
2009/2010, which means trained, and experienced. peer mentors will be involved from the
beginning of the new program year.
4. List the positions dedicated to this proposal. Include a description of duties and time
allocation for each responsibility.
3 Peer Mentors @ .450 FTE each (Peer Mentor positions are P/T 18 hoLtrs per week)
Job Duties Include:
• Recruit participants and develop My Action Plan (MAP) for each participant
• Intensive case management with a 6:1 peer mentor to participant ratio
• Case recording in on-site client files
• Be available 18 hours per week in the Orangewood Resow•ce Center
• Provide pre-employment services and supportive services
• :Develop an individualized tutoring program for those participants who are assessed to
be basic skills deficient
• Provide Post Assessment upon program exit and 12 months of follow-up services
1 Peer Mentor Supervisor @ .25 FTE
Job Duties Include:
• Participate in Santa Ana Youth Council Activities (i.e. Youth Council meetings,
Youth Service Provider Network (YSPN) meetings, etc.)
• Plan and facilitate a monthly communication meeting with peer mentors (invitation
will include staff from the City of Santa. Ana Workforce Investment Board)
• Meet with individual peer mentors on a regular basis to provide supervision and
support
• Be available to provide support and resources to the FY[.,P peer mentors anal program
participants
• Assist City of Santa Ana staff during program audits
• Ensure contract compliance
1 Staff Accountant a .OS FT:F_,
Job Duties Include:
• Track expenditures incurred during the invoice period and prepare an invoice based.
on the costs incurred as allowed by the contract.
• Assist City of Santa Ana staff during financial audits
• Attend contract meetings as needed
C. Fiscal Capacity
1. Describe the process used to capture and report fiscal data?
1'he OCF Accounting Department consists of 5 full-time employees, assisted by a full-
time Development Department employee who is responsible to collect, enter and report
on donation records of receipts from donors. All receipts are handled based. on the Cash
Procedures document included in the Procurement Policies & Procedures section of this
proposal. Al] information for accounting is maintained in the Financial Edge Software
OCF/Foster Youth Liaison Project 16
from Blackbaud. The Internal Controls document combined with the Check Signing
document, also. included in the Procurement Policies & Procedures section of this
proposal, describe the payables and check writing functions. The staff accountant
processes all county and city billing for government contracts based on monthly reports
from the general ledger.. At month end, closing entries and accruals are completed by
various accounting staff members and reports are issued to the Board of Directors via the
Finance Conunittee. An annual budget is prepared and approved by the Board of
Directors for the fiscal year July 1 -June 30.
2. Attach a copy of the procurement policies and procedures.
OCF's Procurement Procedures are included in this proposal.
3. What systems are used to ensure fiscal accountability and appropriate expenditures, and
planned costs?
Budgeting is used to determine planned costs and monthly reporting against budget as
well as to determine how we are doing compared to plan. All expenditures should be
built into the budget process and additional y require supervisory approval prior to
payment. Secondary approval occurs during the check signing process. Also, OCF's
contracts with the County of Orange are audited by the Orange County Social Services
Agency each year and our agency is audited annually by independent, external auditors.
4. Describe invoicing process and list staff assigned to task.
Accounting staff run reports of expenditures incurred during the invoice period and
prepare an invoice based on the costs incurred as allowed by the contract. A draft of the
invoices as prepared, are reviewed by the program staff who are directly responsible for
the contract prior to submission to the particular agency.
5. Describe how agency's financial stability is not dependent on WIA funds.
"hhe Orangewood Children's Foundation's (UCF) financial stability is not dependent on
WIA funds. '1:'his organization has been in existence for over 27 years with. a current
annual operating budget of over eight million dollars. OCF receives finding from
multiple finding sources including government grants, private and corporate donors, joint
business ventures, event fundraisers, etc. Additionally, we own our facility and lease
available space to tenants to offset the cost of our mortgage and utilities.
6. Submit most recent/2 years of audited financial statements (see attachment G).
OCF's most recent 2 years of audited financial statements are included in this proposal.
D. Subcontracting
Subcontracting client services/activities is not permissible under this contract. However, if
planning to subcontract non-client services, identify subcontracts role and estimated cost for
services.
The Orangewood Children's Foundation is not planning to subcontract non-client
services.
OCF/Foster Youth Liaison Project 17
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Exhibit C
COMPLAINT HANDLING
UNDER THE
WORKFORCE INVESTMENT ACT
SANTA ANA
WIA
Santa Ana Local Workforce Investment Area
Revised May 7, 2009
Table of Contents
Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
2. Civil Rights
3
3
3
4
3. Nondiscrimination laws under WIA 4
4. How to File Your Complaint 5
B. Criminal Complaints g
II. General Procedures for Handling Non-Criminal Violations of the Act 6
III. Procedures for Handling Complaints at the LWIA Level g
IV. Procedures for Handling Complaints at the State Level ~ 2
V. Procedures for Handling Discrimination Complaints by Participants 15
VI. Procedures for Handling Handicap Complaints by Participants 17
GLOSSARY OF WIA TERMS
20
2
Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
In carrying out the purpose of the Workforce Investment Act (11VIA), the City of Santa
Ana Local Workforce Investment Area (LWIA) will establish programs to prepare
youth and unskilled adults for entry into the labor force and to afford job training to
those individuals facing serious barriers to employment. Every effort will be made to
provide services necessary for eligible individuals to obtain productive employment.
In implementing WIA, all contractors in the Santa Ana LWIA will foster equal
opportunity and non-discrimination, as provided in State and Federal equal
opportunity and non-discrimination laws including, but not limited to:
• Title VI of the Civil Rights Act of 1964
• Title VII of the Civil Rights Act of 1964
• The Age Discrimination Act of 1975, as amended
• Section 503 of the Rehabilitation Act of 1973
• Section 504 of the Rehabilitation Act of 1973
• Title IX of the Education Amendments of 1972
• Section 188 of the Workforce Investment Act of 1998
In keeping with our commitment, no individual shall be excluded from participation in,
denied benefits of, subjected to discrimination under, or denied employment, in the
administration or of in connection with any WIA funded program because of race,
color, religion, sex, national origin, age, handicap, or political affiliation or belief.
Participation in programs and activities financially assisted in whole or in part under
WIA shall be open to citizens and nationals of the United States, lawfully admitted
permanent resident aliens, lawfully admitted refugee, parolees, and other individuals
authorized by the Attorney General to work in the United States.
No individual will be intimidated, threatened, coerced, or discriminated against
because of filing a complaint, furnishing information, or assisting or participating in
any manner in an investigation, compliance review, hearing or any other activity
related to the administration of WIA.
3
Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA)
Program is delegated to the Equal Employment Opportunity (EEO) Officer for the
Santa Ana local Workforce Investment Area. Equal opportunity and non-
discrimination, however, will only be achieved through leadership and implementation
of a viable Affirmative Action Equal opportunity Program.
2. Civil Rights
No one applying for or enrolled in the Workforce Investment Act (WIA) programs may
be discriminated against because of race, color, creed, handicap, national origin, sex,
age, political affiliation, or beliefs.
This means that -for any of the characteristics listed above:
• You may not be denied the opportunity to enroll in WIA.
• No benefits or services may be denied you for discriminatory reasons.
• You may not be segregated or treated any differently from other applicants or
participants, while you are being registered, interviewed, counseled or tested; or
while you are working or attending classes as part of the program.
• You must be provided an equal chance to use all facilities available in the
program.
• Fair employment practices must be provided to all staff with regard to recruiting,
hiring, transferring, promotions, training, compensation, benefits, layoff, and
termination.
You have the right to make a complaint if you feel you have been denied any of the
above opportunities. You cannot in any way be penalized for filing a complaint. Your
WIA sponsor has established a mechanism for handling complaints and grievances.
Your complaint must be filed within 180 days. All complaints will be handled
confidentially.
3. Nondiscrimination Laws under WIA
Title VI of the Civil Rights Act of 1964
Prohibits discrimination on the basis of race, color, national origin, or religion.
The Age Discrimination Act of 1975
Prohibits arbitrary discrimination against persons age 40-70.
The Rehabilitation Act of 1973
Prohibits discrimination based on handicap.
Title IX of the Education Amendments of 1972
Prohibits discrimination in any education or training program or activity receiving
federal financial assistance.
OTHER CIVIL RIGHTS LAWS:
Title VII of the Civil Rights Acts of 1964
Prohibits discrimination in employment based on race, color, religion, sex, or
national origin in all terms and conditions of employment and establishes the
Equal Employment Opportunity Commission as the administrative agency.
White House Executive Order no. 11246 as Amended by Executive Order No
11375
Creates the office of Federal Contract Compliance and prohibits discrimination
based on race, color, sex, religion, or national origin.
Department of Labor Secretary's Order no 4-73
Prohibits discrimination based on sex.
Equal Pay Act of 1963
Prohibits pay differential solely because of sex.
Emergency Employment Act of 1971
Prohibits discrimination based on race, creed, national origin, political affiliation, or
beliefs.
4. How to File Your Complaint
a. Put your complaint in. writing.
b. Have it sworn to before a notary public, if possible.
c. Provides details that tell what happened, where it happened and when it happened.
d. Give the name and addresses of all persons who were present or who had anything
to do with the matter.
...Complaints on the basis of race, color, or national origin, age, sex, religion,
political affiliation or belief, retaliation and citizenship, must be filed within 180
days of the alleged occurrence directly with:
s
Director
Civil Rights Center
U.S. Department of Labor, Room N-4123
200 Constitution Ave., NW
Washington, D.C. 20210
Complaints on the basis of handicap must be filed within 180 days of the alleged
occurrence. These complaints must be filed directly with the WIA administrative
entity. The WIA administrative entity shall issue a written decision within 30 days
of the filing of the complaint. If the complaint is still unresolved, an appeal may be
made to the Chief of State Workforce Investment Division Office.
The Department of Labor, the Civil Service Commission, the Equal Employment
opportunity Commission, and many other offices and agencies are committed to
assuring equal employment opportunities for all persons. They will protect you.
A case may be taken to court if the other processes do not yield satisfactory results.
You may hire your own lawyer, or if you cannot afford one, the court may appoint one
for you.
It is unlawful for an employer, union, or employment agency to punish you or any
witness for attempting to present the facts in a case.
YOUR CIVIL RIGHTS UNDER THE
WORKFORCE INVESTMENT ACT
Santa Ana Local Workforce Investment Area
1000 E. Santa Ana Blvd., Ste 200
Santa Ana, CA 92701
(714)565-2600
B. Criminal Complaints
In accordance with the WIA (P.L. 105-200) and the implementing code of Federal section
667.600.... Federal handling of criminal complaints and report fraud, abuse and other
criminal activity. "All information and complaints involving fraud, abuse or other criminal
activity shall be reported directly and immediately to the City of Santa Ana and the
Secretary of Labor."
II. General Procedures for Handling Non-Criminal Violations of the Act
The following procedure is promulgated to meet the requirements of Title 20, of the Code of
Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section
181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA
level for the receipt, investigation, hearing, and resolution of complaints by WIA participants,
6
sub recipients, applicants for participation, or financial assistance, labor unions, community
based organizations, or any other persons.
These procedures provide for resolution of non-criminal complaints arising from the operation of
the Santa Ana LWIA.
A complaint is defined here as a written expression by a party alleging a violation of the Act,
regulations promulgated under the Act, recipient grants, sub agreements, or other specific
agreements under the Act, including terms and conditions of employment of such
participants in employment training programs. All complaints, amendments and withdrawals
shall be in writing. These procedures are intended to resolve matters which concern policies,
procedures or action(s) arising in connection with WIA programs operated by each LWIA grant
recipient and sub recipient under the Act.
These procedures shall not be construed as affecting any other available legal remedy outside
of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of
any employee who is not a participant), either separately or simultaneously, that a person may
wish to pursue in the resolution of a non-WIA complaint. Also, these procedures do not restrict
the LWIA grant recipient staff in carrying out informal discussion
Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and
resolution of any problems outside of and without resort to the formal complaint procedure.
A. The following principles and rules apply to all complaints at all steps of the complaint
procedures:
All complaints must be made in writing within 180 days of the alleged occurrence,
except complaints alleging fraud or criminal activity.
2. All persons filing a complaint shall be free from restraint, coercion., reprisal, or
discrimination. Good faith efforts shall be made to informally resolve the complaint
prior to the scheduled hearing. Complainants have the right to withdraw their
complaints (in writing) at any time prior to the hearing. A complainant may amend
his/her complaint to correct technical deficiencies but not to add issues.
3. Complainants shall have the right to be represented at their own expense by
person(s) of their choosing at all levels of the complaint process.
4. Upon enrollment into employment or training, participants shall be provided with a
written description of these procedures, including notification of their right to file
complaints and instructions for filing.
An employer of participants, including private-for-profit employers of participants, may
use this or other complaint resolution procedures so long as the participant is
informed of the complaint resolution procedure they are to follow and the time frames
governing review of complaints are met.
A "participant", within the meaning of these procedures, is an individual who receives
employment-training services under a program funded by Santa Ana LWIA. The
Complaint Resolution Procedures contained herein (or the alternative procedures
which an employer may use) shall be available to participants to resolve disputes
regarding items and conditions of employment of such participants in employment
training programs. However, such procedures shall not be used to resolve disputes
regarding terms and conditions of employment of any employee who is not a
participant, as defined herein.
5. If a complaint does not receive a decision at the LWIA grant recipient level within 60
days of filing the complaint or receives an unsatisfactory decision, the complainant
then has a right to request a review of the complaint by the Governor.
6. Complainants must initially file and exhaust LWIA grant recipient/hearing procedures
prior to appealing to the State except where the State determines that the LWIA grant
recipient's procedures are not in compliance with the State's procedures.
III. Procedures for Handling Complaints at the LWIA Level
A. Receipt Complaints
Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative
entities have the responsibility to conduct hearings and resolve complaints made by
individuals about the administration of programs in the LWIA. "LWIA level" encompasses
LWIA administrative entity and employers to which the administrative entity has delegated
the complaint resolution process. The following comprise the guidelines for resolving issues
arising in connection with WIA programs operated by the Santa Ana LWIA including
resolutions of complaints arising from actions, such as audit disallowances or the imposition
of sanctions taken by the Governor with respect to audit findings, investigations or
monitoring reports.
1. Form and Filing of Compliant
Official filing date of the compliant is the date the written complaint is received. The filing
of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall
be considered as a request for hearing and a decision must be issued within 60 days.
The complaint must be in writing and must be signed and dated. The complaint should
also contain the following information:
a. Full name, telephone number, if any, and mailing address of the complainant;
b. Full name, telephone number, and mailing address of the agency involved (respondent);
c. Clear and concise statement of facts including dates constituting alleged violation;
d. What provisions under the Act, regulations, grant or other agreements under the Act, are
believed to have been violated;
s
e. Remedy sought by the complainant; and
f. If the complainant is a private or public entity or corporation, and not a natural person,
the filing of the complaint must be duly authorized by the governing body of such entity
or corporation.
The absence of any of the requested information shall not be a basis for dismissing the
complaint.
A copy of the complaint must be sent to the respondent and both parties notified of the
opportunity for an informal resolution. At each step of the complaint process, the complainant
must be notified in writing of the next procedural step.
2. Informal Conference
Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints;
however, such informal conferences shall not extend the time within which a decision
must be issued after receipt of a complaint. Attempts at informal resolution will
commence with two (2) weeks of the date of filing of the complaint.
a. The EEO Officer will review the case and ascertain facts prior to the conference so that
appropriate resolution can take place at the time of this meeting whenever possible.
b. Although the complainant should be encouraged to attend this conference, his/her failure
to do so should not preclude his/her right to request a hearing on the matter.
c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO
Officer will write a brief report for the file stating the issues and resolution. The matter
shall then be considered closed.
d. If resolution does not result, the complainant shall be provided the necessary information
and assistance to request a hearing if he/she so desires.
3. Request for Hearing
a. As in the case of the complaint, the request for a hearing should be put in writing and
be filed in person or by mail. A governing board resolution of authorization to appeal
should also be submitted when appropriate. The request should be filled with:
Anita Queen
Sr. Personnel Analyst -EEO Officer
20 Civic Center Drive, M-24
Santa Ana, CA 92701
(714) 647-5157
b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of
filing of the complaint.
4. Notice of Hearing
Upon receipt of the request for hearing, the complainant and the respondent will be
notified in writing of the hearing ten (10) calendar days prior to the date of the hearing.
The ten-day notice may be shortened with the written consent of the parties. A decision
will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the
complaint.
The hearing notice shall be in writing and contain the following information:
a. The date of notice, name of the complainant, and the name of the party against whom
the complaint is filed.
b. The date, time and place of hearing before an impartial hearing officer.
c. A statement(s) of the alleged violation(s)
d. Advise as to where information or assistance may be obtained, and the name, address,
and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO)
Officer who can answer inquiries.
B. Conduct of Hearing
The hearing shall be conducted in an informal manner with strict rules of evidence not
applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to
enable adjustment to the circumstances presented.
1. The hearing officer shall have complete independence to obtain facts and make
decisions. The hearing officer shall be in a position to render impartial decisions and
thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing
officer will be selected from a list of names on file with the EEO Officer.
2. Full regard must be given to the requirements of due process to insure a fair and
impartial hearing.
3. The hearing office designated by the EEO Officer to function in a quasi judicial capacity
should begin the hearing by summarizing the record and the issue and should explain
the manner in which the hearing will be conducted, making sure that everyone involved
understands the proceedings. Such explanations should be adapted to the needs of the
specific situation. The hearing officer might take testimony under oath or affirmation to
give some assurance of veracity to the hearing.
io
4. The burden of proof should be reasonable and flexible, dependent upon the
circumstances of the case involved. The hearing officer determines the order of proof.
Generally, the party making the complaint has the obligation of establishing his or her
case and should be examined first.
5. The party involved should have the right to be represented (at their own expense) if
he/she so desires. Other he/she is limited to his/her own abilities and those to the
hearing officer in obtaining testimony in the case.
6. It is important that the hearing officer obtain the fullest information for the record. If the
parties involved, or their representatives, do not know how to ask the right or pertinent
questions in pursuing their right to due process, it shall be necessary for the hearing
officer to step in to have all the materials and relevant facts elicited.
7. The practice in informal hearings is generally not to apply strict rules of evidence in
obtaining facts. However, the quantity of evidence required to support a decision on an
issue should be sufficiently credible that the state (or other appropriate agency), upon
reviewing the decision, would conclude that the decision is supported by substantial
evidence.
8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior
to the conclusion of the hearing.
9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a
recommended decision to the LWIA for final determination. The recommended decision
shall be in writing and may be accepted, rejected or modified by the Santa Ana
Workforce Investment Board.
C. Issuance of Decision
Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a
written decision to all parties by first class mail. The final decision shall contain the following
information:
1. The name of the parties involved.
2. A statement of the alleged violation and issues related to the alleged violation.
3. A statement of the facts.
4. The decision and the reasons for the decision.
5. A statement of corrective action, if any, to be taken.
6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a
review of the decision by the State Review Panel.
D. Record of Hearing
is
An administrative file containing support documents on the complaint resolution process
hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to
serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of
the issues and the results. This information would then be available for subsequent review
in the event the matter is raised with the State. Such records must be retained for athree-
year period after the grant has been officially closed out.
The Santa Ana LWIA's written decision will be included in the record. Evidence received at
the hearing, notes by the hearing officer, stenographer's notes and tape recordings may
also be used.
E. Establishment of Complaint Procedures
In accordance with Section 667.600, each employing agency including private-for-profit
employers of participants under the Act is required to establish a complaint procedure for
resolving matters relating to the terms and conditions of employment. Employers may
operate their own grievance system or may utilize the Santa Ana LWIA's established
procedures under Section 667.600. At a minimum these procedures must include:
Written notice, upon enrollment into employment training services, of the scope and
availability of such procedures. Employer's grievance procedures shall be set forth in a
written document and must meet the regulation mandate that a complaint will be
resolved with sixty (60) days from the date the complaint was filed. A copy of employer's
grievance procedure shall be provided to each participant upon enrollment in
employment training.
2. Written notice, at the time the grievance is filed, of the procedures under which the
grievance will be processed.
3. Written notification of the disposition of the grievance and a written decision shall be
issued within thirty (30) days of the filing of the grievance unless a present and long
established grievance specifically provides other limits; and
4. Written notification of the participant's right to request a review of the employer's
decision by the Santa Ana LWIA and the State Review Panel in accordance with Section
667.600.
IV. Procedures for Handling Complaints at the State Level
Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the
Governor to establish a State Review process of complaints filed at the LWIA grant recipient
level and of complaints initially filed at the State level.
Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall
be reviewed by the State Review Panel. The State Review Panel shall review the record
established at the LWIA level and shall issue a decision based on the information contained
therein.
iz
Complaints which may be initially filed at the State level will be heard by an independent
hearing officer designated by the State Workforce Investment Division (WID). The hearing
officer shall conduct a hearing and issue a recommended decision to the State Panel. The
recommended decision shall be in writing and may be accepted, rejected or modified by the
State Review Panel.
A. Form and Filing of Complaint.
1. Request for State Review of LWIA Level Decisions
On receipt of a complainant's request for review because of an unsatisfactory decision,
the State shall provide for an independent state review.
2. Filing of Requests for State Review
The State Review Panel shall review all LWIA level decisions when a request for review
is filed within 10 days of receipt of the adverse decision. Such requests must be filed in
writing with the Chief of the WID Office. The request for review should contain the
following information:
a. Full name, address, and telephone number of the party requesting the review
b. Full name, address, and telephone number of the other party
c. A copy of the decision
d. Brief statement of reasons for review or the section of the LWIA decision to be
reviewed including regulatory and statutory citations
e. A statement of the relief sought.
3. Complainant Responsibility
It is the responsibility of the complainant to include in the request for review a written
statement setting forth the facts presented at the LWIA hearing which support the
requested relief.
The Chief, WID, shall mail a copy of the request for review to the other party and to the
LWIA. It shall be the responsibility of the LWIA to submit the complete record including a
typed record of the hearing to the Chief, WID, within ten (10) days.
B. Conduct of Hearings.
1. Request for Hearing at the State Level
If no decision has been issued at the LWIA level or the State has determined an audit
disallowance or imposed sanctions, the complainant may request a hearing. The
13
hearing officer will then issue a recommended decision to the State's Review Panel for
final determination.
2. Filing for Request for Review
The request for a State hearing shall be filed within ten (10) days after LWIA should
have issued a decision or ten (10) days after the issuance of the audit disallowance or
sanction. The request shall be filed directly with the Chief of the WID in writing and
should include the following:
a. Full name, address, and telephone number of the LWIA
b. Name, address, and telephone number of the LWIA
c. Copies of complaints made at LWIA level from which no decisions were
issued or sanctions and imposed.
d. A statement of basis for the request for hearing.
3. Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a designated
hearing officer will be scheduled.
The hearing will be recorded mechanically or by court reporter.
Both parties concerned will have the opportunity to present oral and written testimony
under oath, to call and question witnesses in support of his/her position, to present oral
and/or written arguments, to examine records and documents relevant to the issue(s),
and to be represented.
The hearing officer shall issue a written decision, which shall be forwarded to the State
Review Panel for final determination.
The State Review Panel may accept, reject or modify this recommendation. The
decision of the State Review Panel is final except for audit disallowances, which must be
approved by the Secretary of Labor
C. State Review Panel
The State Review Panel will consist of a panel of three representatives from the
Employment Development Department: one from the Legal Offices, one from the WID,
and one from the Director's office. The panel will issue a written decision, which will be
sent to the appropriate parties within thirty (30) days of receipt of the request for State
review.
Decisions issued by this panel, under the authority of the Governor, are final.
14
D. Issuance of State Review Decision.
V.
The State review wilt be limited to violations of the WIA, implementing WIA regulations or
the grant agreement. This review shall be limited to the record established at the LWIA
hearing.
Procedures for Handling Discrimination Complaints by Participants.
A. Complaints on the basis of race, color, or national origin, age, sex, religion, political
affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180
days of the alleged occurrence.
1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO)
Officer to determine jurisdiction and to make the complainant aware of and provide
assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure
under Section II (A).
is
PROCEDURES FOR HANDLING NON-CRIMINAL COMPLAINTS
No later than
180 days of
alleged
discrimination
Within 10 days of
receipt of
unsatisfactory
decision or 10
days from date
LWIA decision
should have been
issued.
Handling of complaints filed at LWIA level arising in connection with WIA
programs operated by LWIAs
Unsatisfactory Decision or LWIA Decision not issued within 60 days
Request for State Review
Governor's Decision issued by State Review Panel
If no decision issued by State Review Panel
Appeal to DOL
w
0
0
0
w
0
0
0
r
c
c
c
t
16
Informal Resolution Process
0
2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to
advise the complainant of the existence of State, Federal and other proper action
agencies, which may also have a bearing.
3. Complainants alleging discrimination under this part will be made aware of their right to
file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and
applicable procedures.
4. Complainants must file their complaint directly with:
Anita Queen
Sr. Personnel Analyst -EEO Officer
20 Civic Center Drive, M-24
Santa Ana, CA 92701
(714) 647-5157
VI. Procedures for Handling Handicap Complaints by Participants
Complaints alleging discrimination on the basis of handicap will be filed and processed under
the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973
at 29 Code of Federal Regulations Section 32.
1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before
filing their complaint with OCR.
2. Complainants will be made aware of the 180 days requirement in which to file his/her
complaint.
A. Procedures at the LWIA Level
The complainant shall file his/her complaint directly with the Santa Ana LWIA. Upon
receipt of the complaint, the EEO Officer shall investigate and gather information
concerning the complaint.
2. An informal conference will be held with the parties concerned in an effort to resolve the
issue(s). The complainant has the right to be present and may be represented during
the conference.
3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than
thirty (30) days after the filing of the complaint.
B. Procedures at the State Level
1. The complainant may appeal to the State if he/she is not satisfied with the decision of the
Santa Ana LWIA.
v
2. The Complainant must file his/her appeal as a request for review directly with the Chief
WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision.
3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt
of the request for review.
4. After the complainant has received a decision or no decision has been received from the
Director of Employment Development Department (on behalf of the Governor), the
complainant has the right to appeal his/her complaint within thirty (30) calendar days to
the Office of Civil Rights (OCR) with the Department of Labor.
18
PROCEDURES FOR HANDLING HANDICAP COMPLAINTS
No later than
180 days of
alleged
discrimination
Filed within 30
days of
LWIA/State
Decision or 90
days from date of
initial filing of
complaints
Filing of complaint on the basis Of Handicap with LWIA
Informal Resolution
I
If no resolution reached
Request for Hearing
Notice of Hearing
Hearing Conducted
LWIA Decision
0
Unsatisfactory Decision or No Decision
State Review
Governor's Decision
Appeal to Assistant Secretary Department of Labor
Day 1
Day/45 Day
60 Days
19
GLOSSARY OF WIA TERM
AGE DISCRIMINATION ACT - A law passed by Congress in 1975 which prohibits discrimination on
the basis of age by any program or activity receiving Federal Funds.
APPLICANT - An individual who applies to a subrecipient or contract for services provided under
WIA and who has not yet transitioned to the status of participant.
ASSESSMENT -Services designed to determine each participant's employability, aptitudes, abilities
and interests and to develop a plan to achieve the participant's employment and related goals; also to
identify the available employment and traning activities appropriate for the participant. Testing and
counseling may also be used during assessment process.
CHARGING PARTY CP COMPLAINANT GRIEVANT OR AGGRIEVED PERSON -The person
who charges that he/she has been discriminated against under Department of Justice
nondiscrimination and civil rights regulations and/or guidelines.
DISCRIMINATION - In general, a failure to treat all equally, whether intentional or unintentional; the
effect of an action, policy or practice which selects an individual or class of persons to receive
unequal treatment.
ELIGIBLE NON-CITIZEN -Lawfully admitted permanent resident, aliens, lawfully admitted refugees,
and parolees and other individuals authorized by the Attorney General to work in the United States.
EMPLOYER - An employer subject to the provisions of the Civil Rights Act of 1964, as amended,
including state and local governments and any Federal agency subjects to the provisions of Section
717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by
executive Order 11246, as amended.
GRIEVANCE - An allegation that something imposes an illegal obligation or burden or denies some
equitable or legal right, or causes injustice .
HANDICAPPED INDIVIDUAL -Any individual who has a physical or mental disability that constitutes
or results in a substantial handicap to employment.
INTAKE -Includes screening to determine eligibility; to select from eligible applicants those
individuals who are most in need and can benefit from program services; to complete procedural
requirements necessary to enroll an individual into the program and to refer those not enrolled to
other programs.
JOINT COMPLAINT - A complaint of employment discrimination covered by Title VII or the Equal
Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC
20
unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in
employment and other practices and pattern or practice "joint complaints" are normally investigated
by OCR.
JURISDICTION -Authority to investigate and resolve complaints against an institution subject to a
law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc.
PARTICIPANT -Any applicant who has: (1) Been determined eligible for participation upon intake;
and (2) Who is receiving subsidized employment, training or services (except post-termination
services) funded under the Act, following intake, except for an individual who receives only outreach
and/or intake and assessment services.
zl
Exhibit D
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS
and COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee. of a Member of Congress in
connection with the awarding of any Federal contracts, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more that $100,000 for
each such failure.
Grantee/Contractor Organization Program Title
/~~ / , f
Name of Certifying Official Signature
Exhibit D
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The
regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160-
19211).
(Before completing certification, read instructions which are an integral part of certification)
1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and
belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
b. Have not within athree-year period preceding this proposal been convicted or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving~stolen property.
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
d. Have not within athree-year period preceding this application/proposal had one or
more public transactions (federal, state or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Orangewood Children's Foundation
Grantee/Contractor Organization
,~ ,~
Cal Window/ CEO ~~~GG~
Name and Title of Official Authorized to Certify
On Behalf of the Grantee
January 12, 2009
Date
Exhibit E
Certification Regarding Drug-Free Workplace Requirements
A. The grantee certifies that it will or will continue to provide adrug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufactures, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
b. Establishing an on-going drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. .Any available drug counseling, rehabilitation, and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required in paragraph (a);
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
violation;
e. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction;
f. Taking one of the following actions, within 30 days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and including
termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
B. The grantee shall insert in the space provided below, or include as a separate attachment, a
listing of the site(s) for the performance of work done in connection with the specific grant:
Place of Performance (Street address, city, county, State, zip code)
~-.
N
Nam~itle of~Authorized
Signature
~L`'~
uve
~~+f 0
Exhibit F
BUDGET FORM
All costs related to the program activities described in the proposal must be included on the Budget Form. A budge
narritive must be attached on a separate sheet of paper for all line items marked with an * astrisk.
Personnel=
Salaries*
1. FYLP Peer Mentors
(3 at .450 FTE at $14.00/hr.)
2. FYLP Supervisor (.25 FTE)
3. Senior Accountant (.05 FTE'
Use separate sheet if necessary.
Administrative
No more than 10%
allowed. Program Total WIA Match/ln-Kind Total
~-
r.
$39,312 $39,312 $39;312
$2,500 $11;850 $11';850
$2,500 $12,450
$2,800 $24,300...
$5,300
Benefits*
1. FYLP Supervisor (23%) $2,850 $2,850 $2
850
2. Senior Accountant (23%) $575 $575 $675 ,
$1
250
Use separate sheet if necessary. ,
Total Personnel
".
~ $57,087 $15
925 $73
012
C1 eratin
Ez
eil.~es ~
Rent or user fee'" -
~ f ,
~ Ps,x
~
~~ ,
_~~ ,
Utilities $9,000 $9,000
$5,000 $5,000 $2,000 $7;000
Phones
Internet fees $5,500 $5,500 $1,500 $7,000 "
Parkin fees
Securi
Maintenance
Insurance
$5,000 $5,000. $3,000 $$;000
E uipment rental fees'"
Vehicle lease*
Office expenses
$6,000 $6,000 $2,000 $8;000
(consumables)
Accountin Services
Le al services
Auditin services
Indirect costs*
Staff trainin
$500 $500 $1,000 $1;500
Staff travel/miles a $200 $200' $200
Partici ant Wa es*
Su port services"
$12,000 $12,000 ' $12;000
Partici ant Incentives*
'" $5,400 $5,400 $5;400
Other (list)
TotalO eratin Ex enses
$39,600 $18,500 $58,100
GRAND TOTAL
(Total Personnel + Total. $96,687 ~ $34,425 ~~ $131,112
O :eratin Ex enses ; ,
*See Budget Form Instructions
Note: Audit Requirements
States, local governments and non-profit institutions who receive $500,000 or more in federal funds in a fiscal year
shall meet the audit requirements of the OMB Circular A-133, "Audits of States, and Local Governments and Non-
Profit Institutions."
Budget Narrative
PERSONNEL
Salaries: List each individual position dedicated to this project. List title, percentage of full time
equivalent (FTE) or the amount of time to be charged to this project.
Benefits: List each individual position dedicated to this project. List title, percentage of full time
equivalent (FTE) or the amount of time to be charged to this project.
Key Staff and staffing level rationale
The Foster Youth Liaison Project will staff three part-time peer mentors. The peer mentors
will be currently enrolled in college level studies with a focus on Human Services and/or
related fields. The peer mentors are also young adults who have emancipated from the foster
care system and have successfully provided mentoring services through other Orangewood
Children's Foundation programs. The use of part-time staff is critical to this project. The
Foster Youth Liaison Project will provide a 6:1 participant to case manager (peer mentor)
ratio as well as provide the peer mentors with valuable work experience and training. This
project will also provide a Peer Mentor Supervisor who will provide oversight on client
progress and peer mentor performance and the Staff Accountant who will track program
expenditures and provide overall fmance support. The following is a description of the
individual positions dedicated to this project:
3 Peer Mentors @ .450 FTE each (Peer Mentor positions are PT 18 hours per week) Peer
mentor hourly rate is $14.00 per hour. Three peer mentors at .450 FTE equals 1.35 FTE at
2,808 hours is $39,312.
1 Peer Mentor Supervisor @ .25 FTE/ 23% Benefits ($11,850 + $2,850 = 14,700)
1 Staff Accountant @ .OS FTE/ 23% Benefits ($2,500 + 575 = $3,075)
OPERATING EXPENSES
Rent or User Fee: Provide percent of office space that will be charged to this project. Describe
how percentage was determined.
The Orangewood Resource Center will be greatly utilized for Foster Youth Liaison Project
client services. The ORC utilized approximately 1,000 square feet of our 22,000 square feet
of space. Based on a conservative rate of $1.85 per square foot the total monthly cost for this
portion of the facility is $1,850 so for 12 months the cost is $22,200. 18 clients at an average
of two hours per week equa136 hours per week. So for 52 weeks FYLP clients will utilize the
ORC for 1,872 hours in one year.
Equipment Rental Fee (equipment may not be purchased): List items that will be used for this
project. Provide percent of rental fee that will be charged to this project. Describe how
percentage was determined. N/A
Vehicle Lease (vehicles may not be purchased): Provide list of vehicles dedicated for this
project. Describe vehicle use and percentage of use that will be charged to this project. Describe
how percentage was determined. Note: CONTRACTOR shall also obtain and maintain, during
the effective period of this Agreement, broad form automobile liability coverage with a
$1,000,000 minimum limit. N/A
Indirect Cost: Provide indirect cost rate plan. N/A
Participant Wages: Describe costs directly related to individual participants such as paid
training and/or work experience. Include number of youth, hourly wage, benefits and bonuses.
Include length of activity. N/A
Support Services: Attach policies and procedures for supportive services. Policy must include
spending limits.
Supportive services are critical to the success of our participants. This target group enters our
program with multiple barriers that must be addressed before a successful outcome can be
achieved. Our program model will dedicate a significant amount of resources in the
Supportive Services line item of our budget. Although all non-WIA resources will be
explored and utilized prior to the use of WIA funds, we acknowledge that childcare, housing
and counseling services are needed and can be difficult to attain through other means.
Please see the Supportive Services Policy included in this proposal.
Participant Incentives: Indicate the type of payment, rate of payment and describe what youth
must achieve to receive the incentive.
The Foster Youth Liaison Project program model builds in incentives that help our youth
achieve goals. In addition to the performance goals set forth by the grant, our program model
has established 8 core objectives that will assist youth in becoming empowered, self-reliant
and productive adults within one year of their enrollment. Participants will be asked to
complete a minimum of 3 of the following objectives:
• Attain a driver's license
• Open a bank account and utilize it
• Register to vote
• Get a job that pays above minimum wage
• Participate in a leadership activity
• Stay alcohol and/or drug free for a minimum of 1 year
• Master basic computer skills
• Obtain a GED or complete a diploma program
Upon successful completion of at least three of the core objectives included above, participants
will be given a gift card valued at $50.00. Other incentives will be distributed after the
successful completion ofpre-employment services and/or placement in employment or post-
secondary education, and/or achievement of a diploma or certificate and/or when they
become basic skills proficient and/or completion of Learning Upgrade tutoring program.
18 participants may earn up to six gift cards at $50 per card. Each participant can earn up to
$300 in gift cards, which totals to a budgeted amount of $5,400.
Other: This item may include fieldtrips and youth stipends. All items must be listed and
include cost details. N/A
Exhibit G
Assurances & Certifications
Selected providers will be required to sign and submit "actual" assurances and certificates as
required by the City of Santa Ana and the Workforce Investment Board on all contracts.
I recognize that I must give assurances for each item below. If I cannot, this proposal will be
automatically rejected. Please initial each box.
~ I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this
agency or business to submit this proposal.
~ We are not currently on any Federal, State of California, or local Debarment list.
~ We will provide records to show that we are fiscally solvent, if needed.
^D We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will
be used as required by law and contract.
^D We have additional funding sources and will not be dependent on WIA funds alone.
We do or will meet the applicable Federal, State, and local compliance requirements.
These include, but are not limited to:
~ Records accurately reflect actual performance.
(] Maintain record confidentiality, as required.
^D Reporting financial, participant, and performance data, as required.
^D Comply with State and Federal fiscal and program activity audits.
D Complying with Federal and State non-discrimination provisions.
D Meeting requirements of Section 504 of the Rehabilitation Act of 1973.
D Meeting requirements of the American's with Disabilities Act of 1990. (submit attachment F)
~ Meeting all applicable labor law, including Child Labor Law standards.
~ Agree to provide a drug free workplace.
^D Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Viability
Coverage in the amount of $1,000,000.00 policy.
~ Agree to provide all participants with Grievance Procedures.
D Agree to insure proposer's employees through Workers Compensation Insurance
(including part-time employees)
~ Procurement policies and procedures are in place and meet federal guidelines.
We will not:
~ Place a youth in a position that will displace a current employee.
~ Use WIA money to assist, promote, or deter union organizing.
~ Use funds to employ or train of persons in sectarian activities.
D Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for
sectarian instruction or religious worship.
~ Use WIA funds for activities that would interfere with or replace regular academic requirements for eligible
youth who are not dropouts.
^D Use WIA funds to carry out programs funded under the School-to-Work Opportunities Act of 1994 unless
the program(s) are only for youth eligible to participate under WIA.
~ Use WIA money under this contract to purchase any equipment.
t all of the above are true.
L~E ~
ame
Title
C~
' ACQRD CERTIFICATE QF LIABILITY INSURANCE o~
PRODUCER
Chapman THIS CERTIFICATE IS ISSUED AS A
License #0522024 ONLY AND CONFERS NO RIGHTS U.
P. O. Box 5455 A~TER THEHCOVERAG AFFORDED
Pasadena CA 91117-0455
Phone; 626-405-8031 Fax; 626--405-0585 INSURERS AFFORDING COVERAGE
INSURED
DATE(MAVDDIYYYY)
!THE CERTIFICATE ~ •
'AMEND, EXTEND OR
THE POLICIES BELOW
NA[C #
INSURER A: Nonprofits' insuranae A1lianae
Oxangg''ewoed Children's
E`011nd8t~
OnS INSURER B: Everest National
.
1575 E, 17th Street iNSURERC: Great American insurance Co 16691
Santa Ana CA 92705 INSURER D: Fidelity 6 Deposit Co bJaryland
COVERAGES INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO
T
ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTH
N1AY PERTH{N, THE 1NSUfZ4NCE AFFORDED BY THE PO
I HE INSURED INAMEDABOV£ FOR THE POLICY PERIOD INDICATED. NO
ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY B TWITHSTANDING
L
E ISSUED OR
CIES DESCRIBED HEREIN !S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND}TIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REbUCED BY PAID CLAIMS
'
D
LTR NSR TYPE OF INSURANCE POLICYNUIdBER .
PO C EFFECTI E PO X 1RA 0
DATE MMIDD/YY DATE MMIDDIYY
GENERAL LIABILITY LIh1 1T5
A X X COMMERCIAL GENERALLIABILT[Y 2Q0912778NP0 EACH OCCURRENCE
02/01/09 02 O1 10 ~6R~D-
/ / S 1000000
_
CLAIMS MADE Q OCCUR PREMISES {Eaaccurence) S IOOOOO
X Prof Liability MEDEXp(Anyonepersonj $ 20000
X Abuse Liab].11ty PERSONAL6ADVINJURY S 1000000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3000000
POLICY JECT X LOC PRODUCTS•COMPIOPAGG S 3000000
AUTOMOBILE LIABILITY Em ~' Ben Included
+~+ ANYAl1T0 200912778NPC 02/01/09 02/01/10 ~°MBwEOSINGLEUMIi
Ea aceidentj $ 1000000
ALL OWNED AUTOS
SCHEDULEDAU70S BODILY INJURY
X HIRED AUTOS
(Per person} $
X NON-OWNED AUTOS p~ 1`r~' BODILY INJURY
~
~~ trio ~y
(Peraccident)
!• S
V
~
pgp PROPERTY DAMAGE
c, (Peraccideni)
S
GARAGE LIABILITY '
~ ~
AUTO ONLY
'(ORG
FA AC
ANYAUTO -
~, S
CIDENT
~0y
~~O $
OTHER THAN EA ACC
t pity A
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EXCESSNMBRELLA LIABILITY {
p
AUTOONLY: AGG $
OCCUR ~ CLAIMS MADE EACH OCCURRENCE S
AGGREGATE S
DEDUCTIBLE S
RETENTION S $
WORKERS COMPENSATION ANR S
B EMPLOYERS'LIABfLITY
ANY pROPRIETORlPARTNER/EXECUiIVE 6600001013091
OFFICER/MEM TORY LIMITS X ER
03/01/09 03/O1/1O E
'
BEREXCLUDED? .LEACHACCiDENT $ 1000000
If yes, describe under
SPECIAL PROVISIONS below E.L.OISEASE- EA EMPLOYE S 1000000
OTHER E,L.DISEASE-POUCYLIMR S 1000000
C Property Coverage PAC757534603 02/01/09 02/01/10 Blkt Cont
D Crime Covera a CCP006190604 02/01/09 02/01/10 Em 1 Dish $666,000
D ESCRIPiION OF OPERATIONS 1 LOCATIONS /VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS ~ 5O O , O O O
The City of Santa Ana, it's officers, employees, agents, volunteers and
representatives are named as an Additional Insured as respects liability
arising from the operations of the Named Insured per the attached CG 2026
endorsement. Workers compensation coverage excluded, evidence only. 10 days
notice of cancellation for non-payment of premium, }p{
:ERTIFICATE HOLDER CANCELLATION
CITYSAN SHOULD ANY OF THEA80VE DESCRIBED POL[C1ES I;E CANCELLED BEFORE THE EXPIRATII
DATE THEREOF, THE ISSUING INSURER WI~
AIL 3O DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAh1ED TO THE LEFT,
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701 AL3TFY/1R17R ~oor~..~,.. _..._
O ACORD CORPO
Rpr U'I ZUUS 1 U: ~tiHM HN LHSki~Jk 1 F'Hx _ ~. ~
i~llP'ORTANT'
If the certificate holder fs an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificafe does not confer rights tc the certlficate hatder in Iieu of such endorsement(s).
If SUBROGATION !S WAIVED, subject to the terms and conditions of fhe policy, certain pollcles may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
t3[SCl..AIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contracf between
the issuing Insurer{s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter fhe coverage afforded by the pottcfes listed thereon.
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